Q: it’s my exes year to claim child. He was in jail and only made 4K. I made 30k and supported all year. Can I claim her?
We have 50:50 custody and it’s his year to claim her. He was in jail most of the year and only made 4K. I have her 5 nights a week and am 100% her financial support. I made 30k. Do I have rights to claim her?
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A: If you are talking about head of household, you would get to claim her, as she was with you the majority of the time. If you are talking about the dependency exemption and the court orders say he gets to claim her then you could only claim the dependency exemption if he failed to pay all court ordered child support for the tax year. If there are no court orders indicating he pays child support, your remedy would have potentially been to seek a modification of the orders. In theory, you could still give that a shot. You should consult with a child support attorney.
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